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divorce settlement, debt, jail, Austin divorce lawyer, Austin divorce attorneyOn April 25, 2013, Cherilyn Kinney, of Hunt County Texas was granted a divorce from her husband Robert Kinney. The final decree was May 22, 2013. As part of the divorce settlement, Cherilyn was to pay Robert $40,000. This amount was referred to as a debt in the settlement paperwork. The divorce judge gave her six months to pay the funds to Robert. The final due date was on November 22, 2013.

On November 23, 2013, because Cherilyn had failed to make the payment, Robert filed a contempt of court charge against her. A hearing was held on February 7, 2014, and the judge found Cherilyn in contempt. He ordered her held at the Hunt County jail until the entire $40,000 payment was made.

Her attorneys immediately filed a writ of habeas corpus with the Appeals Court in Dallas. Habeas corpus means a person is required to be brought before a judge or court who can decide if the person is being detained or held unlawfully or without just cause.

 The Appeals Court threw out the lower court's contempt order. In making its ruling, the court cited three Texas laws:

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Getting Back On Your Feet after Divorce

Posted on in Divorce

after divorce, Texas family law attorney, moving on after divorce, divorce decree, filing for divorce, No matter the circumstances, divorce is a scary and emotional process to go through. After constantly being one-half of a couple for so long, it can be difficult to start fresh and be single again. However, there are several steps you can take to make the transition easier.

First, do not waste time with regret. You have no way to go back and change what happened with you and your ex, but you do have the option to get back out there and start living the life you want. And you can begin by getting all of the required paperwork in order, so that your divorce can be finalized quickly and it can become a reality for which you can adjust.

Second, easing into a new lifestyle is difficult and overwhelming, but it can become manageable when you have the right people behind you every step of the way. According to Dr. Phil, it is critical that you put together a "support squad" composed of friends, family members, co-workers, and anyone else that can provide you with encouragement, support, and guidance. People enjoy being asked for help, so do not hesitate to reach out. Find those you can speak openly to without feeling judged. Finally, rediscover old passions and explore new ones. Now that you are on your own, you have a chance to create the life you always wanted. Perhaps you enjoyed a hobby before you met your ex-spouse, but once you got married he or she did not support it and you pushed it aside. Now is the time to reconnect with the passions that make you happy, and through these passions you can embrace your new life after divorce. No matter what advice you take, moving on after divorce will not be a walk in the park. However, you can manage the pain and work through it by taking the right steps. If you or someone you know is contemplating divorce, feel free to contact an experienced Texas family law attorney to assist you with the process.

Signs Your Marriage Might Not Last

Posted on in Divorce

infidelity social media cheating divorceWhile every newlywed couple would like to believe that their marriage will beat the odds and last forever, nearly 50 percent of all married couples end up filing for divorce. After years of studying both successful and failed marriages, the American Psychological Association has identified several factors that may indicate a marriage is more likely to end in divorce.

 According to the National Center for Health Statistics (NCHS), demographics may play an important role in predicting whether a marriage will last until its 20th wedding anniversary. Statistics show that African-American women have the lowest chance of a lasting marriage, at 37 percent, while Caucasian men and women, as well as African-American men's chances stand at just over 50 percent. Male Hispanic immigrants and Asian women stand the highest chance of achieving a lasting marriage, at 70 percent.

A couple's financial situation also plays a vital role in determining whether the marriage will last. According to a study completed by the University of Virginia's National Marriage Project, couples with little or no assets are as much as 70 percent more likely to divorce within three years than those who have at least $10,000 in assets. This comes as little surprise to most marital therapists, who state that money and finances represent the most common source of tension in most marriages.

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January is the Start of Divorce Season

Posted on in Divorce

The holidays can be stressful for everyone. The season is spent buying expensive presents, travelling in cold weather and spending time with family members. These stresses can further divide married couples who may have relationship problems throughout the whole year. But couples often stick together through the holidays even if their relationship has run its course.  That phenomenon has lead attorneys to call January "divorce month".

Divorce SeasonResearch has also shown that January is the month to consider filing for divorce. An analysis by FindLaw.com has shown that between 2008 and 2011 there was an increase in divorce filings in the month of January. This increase sees an apex in the month of March and then tends back down through the rest of the year until September when it increases again.

The website also looked at search activity for their website and found a similar increase in the month of January. Phrases like "divorce", "family law" and "child custody" increased 50 percent from the month of December to the month of January. This increase peaked in the month of March. If people are not filing for divorce, they are at least considering the possibility.

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A recent study, conducted by the Buffalo Research Institute on Addictions (RIA), has linked the differences in a spouse's alcohol consumption habits to divorce. Kenneth Leonard, Ph.D., RIA director and lead author of the study stated,"Our results indicate that it is the difference between the couple's drinking habits, rather than the drinking itself, that leads to marital dissatisfaction, separation and divorce."

alcohol consumption and marriage Researchers followed 634 couples over the first nine years of their marriage and found that close to 50 percent of couples "where only one partner drank more heavily" would end up divorcing, while the divorce rates for other couples was only 30 percent. The study also found that the divorce rate remained the same for couples where both partners consumed large amounts of alcohol, showing that they were just as likely to stay together as couples who were not heavy drinkers or drinkers at all. "This research provides solid evidence to bolster the commonplace notion that heavy drinking by one partner can lead to divorce. Although some people might think that's a likely outcome, there was surprisingly little data to back up that claim until now," stated Leonard.

The study defined a heavy drinker as one who drank "six or more drinks at one time or drinking to intoxication." And while moderate alcohol consumption may not be harmful or lead to alcoholism, MedlinePlus, a service of the U.S. National Library of Medicine, reports that "about 18 million adult Americans are alcoholics or have alcohol problems." Alcoholism is a disease with four main features, including craving, loss of control, physical dependence and tolerance.

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